Common use of Claims and Dispute Resolution Clause in Contracts

Claims and Dispute Resolution. A. For all conflicts arising out of this Agreement or the Project, OWNER and ENGINEER agree to negotiate disputes between them in good faith for a period of 60 days after notice. B. OWNER and ENGINEER agree that any disputes not settled between them shall be submitted to non-binding mediation, unless the parties mutually agree otherwise. The mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and shall include a list of no less than three nor more than six names, addresses and qualifications of industry-experienced mediators which the filing party will accept to conduct the mediation. Mediation shall proceed in advance of legal or equitable proceedings. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. C. If such mediation is unsuccessful in resolving a dispute, then either party may seek to have the dispute resolved by a court of competent jurisdiction. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover in accordance with State law. D. OWNER and ENGINEER shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law in effect at the time this Agreement was executed, but, in any case, not more than 10 years after the date of Substantial Completion of the Work. Owner and Engineer waive all claims and causes of action not commenced in accordance with this Paragraph 6.09 D.

Claims and Dispute Resolution. A. 17.1 For all conflicts any claim subject to, but not resolved by mediation, the method of binding dispute resolution shall be as litigation in a court of competent jurisdiction. 17.2 All claims, disputes and other matters in question between the Town and the Contractor arising out of or relating to this Agreement Contract or the Projectbreach of it, OWNER and ENGINEER agree to negotiate disputes between them in good faith for a period of 60 days after notice. B. OWNER and ENGINEER agree that any disputes not settled between them shall be submitted for resolution to non-a court of competent jurisdiction in Massachusetts, unless otherwise agreed by the parties. No such action shall be brought, however, until the completion of all Services under this Contract or the earlier termination of this Contract as provided herein, the parties agreeing to negotiate any claims, disputes or other matters in question during the term of this Contract before resorting to litigation. As to all acts or failures to act by either party to this Contract, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events when the other party becomes aware or should have been aware of such acts or failure to act. 17.3 Claims, disputes and other matters in question arising out of or relating to this Contract, shall be subject to mediation as a condition precedent to binding mediationdispute resolution. The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise. The mediation , shall be in accordance with the Construction Industry Mediation Rules of administered by the American Arbitration Association currently in effectaccordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. Request A request for mediation shall be filed made in writing with writing, delivered to the other party to this Agreement Agreement, and shall include a list of no less than three nor more than six names, addresses and qualifications of industry-experienced mediators which filed with the filing party will accept to conduct person or entity administering the mediation. Mediation The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of legal or equitable proceedings. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. C. If such mediation is unsuccessful in resolving a dispute, then either party may seek to have the dispute resolved by a court of competent jurisdiction. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover in accordance with State law. D. OWNER and ENGINEER shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the proceedings, which shall be stayed pending mediation for a period specified by applicable law in effect at the time this Agreement was executed, but, in any case, not more than 10 years after of 60 days from the date of Substantial Completion filing, unless stayed for a longer period by agreement of the Workparties or court order. Owner If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and Engineer waive all claims and causes of action not commenced in accordance with this Paragraph 6.09 D.agree upon a schedule for later proceedings.

Claims and Dispute Resolution. A. 17.1 For all conflicts any claim subject to, but not resolved by mediation, the method of binding dispute resolution shall be as litigation in a court of competent jurisdiction. 17.2 All claims, disputes and other matters in question between the Town and the Contractor arising out of or relating to this Agreement Contract or the Projectbreach of it, OWNER and ENGINEER agree to negotiate disputes between them in good faith for a period of 60 days after notice. B. OWNER and ENGINEER agree that any disputes not settled between them shall be submitted for resolution to non-a court of competent jurisdiction in Massachusetts, unless otherwise agreed by the parties. No such action shall be brought, however, until the completion of all Services under this Contract or the earlier termination of this Contract as provided herein, the parties agreeing to negotiate any claims, disputes or other matters in question during the term of this Contract before resorting to litigation. As to all acts or failures to act by either party to this Contract, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events when the other party becomes aware or should have been aware of such acts or failure to act. 17.3 Claims, disputes and other matters in question arising out of or relating to this Contract, shall be subject to mediation as a condition precedent to binding dispute resolution. The parties shall endeavor to resolve their disputes by mediation, which, unless the parties mutually agree otherwise. The mediation , shall be in accordance with the Construction Industry Mediation Rules of administered by the American Arbitration Association currently in effectaccordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. Request A request for mediation shall be filed made in writing with writing, delivered to the other party to this Agreement Agreement, and shall include a list of no less than three nor more than six names, addresses and qualifications of industry-experienced mediators which filed with the filing party will accept to conduct person or entity administering the mediation. Mediation The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of legal or equitable proceedings. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. C. If such mediation is unsuccessful in resolving a dispute, then either party may seek to have the dispute resolved by a court of competent jurisdiction. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover in accordance with State law. D. OWNER and ENGINEER shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the proceedings, which shall be stayed pending mediation for a period specified by applicable law in effect at the time this Agreement was executed, but, in any case, not more than 10 years after of 60 days from the date of Substantial Completion filing, unless stayed for a longer period by agreement of the Workparties or court order. Owner If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and Engineer waive all claims and causes of action not commenced in accordance with this Paragraph 6.09 D.agree upon a schedule for later proceedings.

Claims and Dispute Resolution. ‌ A. For all conflicts arising out of this Agreement or the Project, OWNER Owner and ENGINEER Engineer agree to negotiate all disputes between them in good faith for a period of 60 30 days after noticefrom the date of notice prior to invoking the procedures herein provided or exercising their rights under law. If the parties fail to resolve a dispute through negotiation, then either or both may invoke the mediation procedures provided herein. B. OWNER Owner and ENGINEER Engineer agree that they shall first submit any disputes not settled and all unsettled claims, counterclaims, disputes, and other matters in question between them shall be submitted arising out of or relating to non-binding mediation, unless this Agreement or the parties mutually agree otherwise. The breach thereof (“Disputes”) to mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effecteffect or as mutually agreed by the parties. Request for mediation shall be filed in writing with the other party to this Agreement and shall include a list of no less than three nor more than six names, addresses and qualifications of industry-experienced mediators which the filing party will accept to conduct the mediation. Mediation shall proceed in advance of legal or equitable proceedings. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. C. If such mediation is unsuccessful in resolving a disputeDispute, then either party may seek to have the dispute Dispute resolved by a court of competent jurisdiction. In the event of litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover in accordance with State Georgia law. D. OWNER Owner and ENGINEER Engineer shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law in effect at the time this Agreement was executed, but, but in any case, not more than 10 years after the date of Substantial Completion of the Work. Owner and Engineer waive all claims and causes of action not commenced in accordance with this Paragraph 6.09 6.10 D.